Юрисдикционный иммунитет государств в судебной практике Нидерландов

Abstract

In the light of the changes, which have affected practically every sphere of public affairs, the solution of the foreign state immunity problem has acquired a great importance for the former Soviet republics, the legislation of which does not meet the challenge of the time in the existing context. The study of the practice of different countries in the area of state immunity could allow to find effective solutions ofthe issue in question. In this sense the interest can be focussed, among others on the legal practice of the Netherlands which reflects the whole way of transition from the concept of absolute immunity towards the application ofthe concept of a foreign state's limited immunity. Dutch legal practice ofthe early 20-th century adhered to the concept of absolute immunity, when a series of cases recognized the immunity of foreign states with reference to the public disposition of all activities of this state, It was not until 1947 that the courts developed and started applying a critirion for limiting the state immunity, according to which the immunity principle is not applied to a foreign state's activity in the commercial, industrial or financial spheres. However in some Dutch court cases the aim of the deal was taken into consideration together with its character to determine whether the foreign state's activity is commercial or not. This drawback is inherent in the legal practice of a number of slates and in the draft Convention of the Commission of International Law on the jurisdictional immunity of states and their property. Given the changes in the stands of the majority of the states of the former socialist group on the issue of the state immunity it appears necessary to revise some articles ofthe draft which have been adopted as a result of the compromise arrived at by the USSR and its allies on the one hand and the states standing for limited immunity on the other.